Chapter VIII PREVENTION, CONTAINMENT OF POLLUTION AND RESPONSE

In this Chapter, unless the context otherwise requires,— (a) “Ballast Water Management Convention” means the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004; (b) “cargo residues” means the remnants of any cargo material on board which remain on the deck or in holds or tanks following loading and unloading, including loading and unloading excess or spillage, whether in wet or dry condition or entrained in wash-water, but does not include cargo dust remaining on the deck after sweeping or dust of the external surfaces of the vessel; (c) “MARPOL Convention” means the International Convention for the Prevention of Pollution from Ships, 1973, including its Protocol of 1978; (d) “reception facility” means any facility which is fixed, floating or mobile and capable of providing the service of receiving the waste from vessels; (e) “waste from vessels” or “vessel-generated waste” means every waste, including cargo residues, which is generated during the service of a vessel or during loading, unloading and cleaning operations and which falls within the scope of Annexes I, II, IV, V and VI to the MARPOL Convention and the Ballast Water Management Convention.

Every port shall provide reception facilities adequate to meet the needs of vessels without causing undue delay to vessels, in compliance with the provisions relating to reception facilities specified in Annexes I, II, IV, V and VI of the MARPOL Convention or with the requirements of Article 5 of the Ballast Water Management Convention, as applicable, based on such conditions as may be prescribed by the Central Government in consultation with the State Government. Explanation.—For the purposes of this section, the term “adequate” means capable of receiving the types and quantities of wastes from vessels normally using that port, taking into account the operational needs of the port users, its size and geographical location and the types of vessels calling at that port.

Where in respect of any port it appears to the Central Government, on the basis of the audit conducted under section 42 or otherwise, that the port has no reception facilities or if the port has such facilities, those facilities are not adequate within the meaning of section 36, the Central Government or an officer authorised by it may, by order in writing, direct the port to provide, or arrange for the provision of, such reception facilities as may be specified in that order.

(1) Every port shall prepare a port waste reception and handling plan in such form and manner as may be prescribed by the Central Government in consultation with the State Government. (2) Upon approval of the port waste reception and handling plan by the Central Government, such plan shall be implemented by the port. (3) Every port shall communicate such information about the port waste reception and handling plan to vessels in such manner as may be prescribed by the Central Government in consultation with the State Government.

The operator, agent or master of a vessel bound for India shall submit an advance waste notice to the port of call in such form and manner and within such time period as may be prescribed by the Central Government in consultation with the State Government.

(1) Subject to such conditions as may be prescribed by the Central Government in consultation with the State Government, the master of a vessel calling at a port shall, before leaving that port, deliver all its vessel-generated waste carried on board to a reception facility. (2) Upon delivery, the port where the waste was delivered shall issue the waste delivery receipt to the master of the vessel in such form and manner as may be prescribed by the Central Government in consultation with the State Government.

(1) A port providing reception facilities or a person providing such facilities by arrangement with the port may levy such charges for the use of the facilities. (2) The reception facility provided at the port shall be made available for use by any vessel subject to such conditions as may be imposed by the port and on payment of the charges referred to in sub-section (1).

(1) The Central Government shall audit every port at such intervals and in such manner as may be prescribed by the Central Government in consultation with the State Government. (2) The audit under sub-section (1) shall be carried out for the purposes of checking the availability and adequacy of reception facilities in accordance with this Chapter and the rules made thereunder, and shall include audit of such pollution containment equipment as may be specified by the Central Government, from time to time.

The following information shall be uploaded electronically in such manner and by such persons as may be notified by the Central Government, namely:— (a) advance waste notice under section 39; (b) waste delivery receipt under sub-section (2) of section 40; (c) request by a vessel for availing reception facilities; and (d) such other matters as may be notified by the Central Government.

(1) Every port shall report the particulars of any incident that threatens or is likely to pose a threat of pollution to the coastal waters or related interests, to the Government, in such manner as may be prescribed by the Central Government in consultation with the State Government. (2) Where the Central Government is satisfied that an incident which threatens or is likely to pose a threat of pollution to the coastal waters or related interests has taken place or is likely to take place, it

The Government may issue directions to any port or port officer to comply with any of the provisions of this Chapter.